H1B Transfer while H4 EAD application is in process

USA H4-EAD
1

I am on H1B with approved I140 for more than 180 days. My spouse has filed H4 EAD (first time) few months back and it is still in processing stage. Now, I have a new employer willing to transfer my H1B. Once I move to new employer, my old employer most likely, would be withdrawing the I 140 as per the usual process. Can I refile for new H4 EAD for my spouse based on new H1B transfer and I140 from old employer? Would it cause any issue?

2

There should be no issue even with the current H4 EAD under processing. USCIS may raise RFE to submit copy of your new I-797 approval notice after H1B transfer. It may create some confusion with USCIS if there are two EAD applications unless you are also applying for H4 EOS along with H1B transfer then I would suggest doing a new EAD application with the H4 EOS.

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Thanks Kalpesh for the input. Also my current employer has refused to share the I140 approval letter with me citing he is not bound to share with candidate as per USCIS rules. However I have raised FOIA request and got the I140 petition copy with approved stamp on it. Would this I140 petition copy
suffice for future employers to file for new gc or in using it as a proof that my I140 is approved?

Thanks in Advance.

4

Yes, this should be good enough.

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5

Thanks alot for the reply.